Violation of the FDCPA Act

[jambrois]

What is the name of your state? Virginia
What is the name of your state? Virginia
recently I went online to check by bank account to find out if a check I wrote was cashed. I noticed a large withdraw from my account, when I went to the details it said the word "Subpoena". I immediately contacted my wife to call the bank and find out what this was all about as we both have a joint account with the same bank. she works near the bank and went there to find out what this was all about. the bank told her that they received notice to freeze our funds and gave her a print out of what they had. when she called the number listed she found out it was a collection agency but they were closed for the evening. that evening we both pulled credit reports from various credit-reporting agency and could not find on our credit report that we were sued or had a judgment listed. the next morning my wife called the collection agency and spoke with a rep that she said was very rude to her. when she gave the rep the reference number the rep with out asking any questions at first called her Mrs. (and our last name) and starting saying that this is a debt from 1999 for a credit card opened in new York and gave her the credit card number she then told the rep that she did not have a credit card at that time and didn’t live there, he then asked her if she had another credit card and she said no. he told he would fax her all the information took her fax and number, then he started to give her the 1st 3 digits of my social security number then realizing he might be speaking to the wrong person ask my wife if she was me, she replied that she was not. I checked my old credit report and noticed where in 2005 I disputed this with the collection agency and therefore it was deleted from my credit report. I never received notice from a collection agency and now I feel that they have violated the FDCPA Act by giving out this information to my wife. I wander if I have a case against them (the collection agency)?

[debtcollector`]

No. You don't.

DC

[Ladynred]

that evening we both pulled credit reports from various credit-reporting agency and could not find on our credit report that we were sued or had a judgment listed

Just because it's not on your reports is not a accurate 'test' of whether or not you have a judgment against you - not all judgments get reported.

now I feel that they have violated the FDCPA Act by giving out this information to my wife.

The FDCPA specifically excludes SPOUSES from the 3rd party disclosure rule - your wife is NOT a 3rd party, so the collector did NOT violate the FDCPA. You have no case.

Rather than calling the collection agency, your FIRST call should have been to the courthouse to get a copy of the judgment case file. That will give you all the gory details of where, when, how and to whom the summons was served, plus details of the claim.

[jambrois]

I appreciate the information but my wife when calling did not identify herself as my wife , she told me when she called the rep volunteered information and to this day still doesnot know that it was my wife that called. but i do understand now that arguement would not help me in court. i recently received the letter from the bank with a copy of the supoena that show that this went to court in December of 2001. although i am not quite familiar with this credit card i may have opened it back then, but it only had a credit limit of 300.00 now the court papers say the judgement is for over 1300 by now the interest probably higher than that. this practice alone should be illegal.

[Zigner]

Originally Posted by jambrois

I appreciate the information but my wife when calling did not identify herself as my wife , she told me when she called the rep volunteered information and to this day still doesnot know that it was my wife that called.

Lucky for the rep that it WAS your wife, huh?